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12-35986 - Timothy Blixseth v. Yellowstone Mountain Club, LLC, et al


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12-35986 - Timothy Blixseth v. Yellowstone Mountain Club, LLC, et al
February 18, 2014
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FILED PER CURIAM OPINION (ALEX KOZINSKI, RICHARD A. PAEZ and MARSHA S. BERZON) AFFIRMED. FILED AND ENTERED JUDGMENT. [8982185]
August 4, 2015
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Filed Order for PUBLICATION (ALEX KOZINSKI, RICHARD A. PAEZ and MARSHA S. BERZON) In a recusal motion, Timothy Blixseth and his attorneys hurled nineteen accusations of misconduct at a bankruptcy judge who had ruled against Blixseth.(SEE ORDER FOR FULL TEXT) Accordingly, we order Blixseth and Flynn to pay appellees’ attorneys’ fees and costs in defending against this appeal. See Fed. R. App. P. 38; 28 U.S.C. § 1927. In addition, they shall each pay $500 in damages to the Clerk of Court as reimbursement for the costs incurred during this frivolous and bad-faith appeal. See Chambers v. NASCO, Inc., 501 U.S. 32, 43–45 (1991) (discussing the inherent power of federal courts “to fashion an appropriate sanction for conduct which abuses the judicial process”); see also Lasar v. Ford Motor Co., 399 F.3d 1101, 1118 (9th Cir. 2005). We refer the determination of an appropriate amount of attorneys’ fees and costs to the Appellate Commissioner, who shall have authority to enter an order awarding fees to appellees. See 9th Cir. R. 39-1.9. The order to show cause is discharged as to the other respondents. Because we do not rely on Federal Rule of Appellate Procedure 46 to sanction Flynn, his request for a Rule 46 hearing is denied. Flynn’s request for an evidentiary hearing is denied because the authenticity of the emails allegedly authored by Blixseth’s ex-wife is irrelevant. Whether or not the emails turn out to be genuine, Blixseth and Flynn were required to disclose that their authenticity is in dispute. Fox’s, Conant’s, Ferrigno’s and Stillman’s requests for Rule 46 hearings; Ferrigno’s and Conant’s motions to withdraw as counsel; and Stillman’s motion to strike Cross Harbor’s supplemental excerpts of the record are all denied as moot. [9633390]
April 18, 2017
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Filed Order for PUBLICATION (ALEX KOZINSKI, RICHARD A. PAEZ and MARSHA S. BERZON)We ordered Timothy L. Blixseth and his attorney Michael J. Flynn to pay appellees’ attorneys’ fees and costs in defending against this appeal under Federal Rule of Appellate Procedure 38, ordered Flynn to pay appellees’ attorneys’ fees and costs in defending against this appeal under 28 U.S.C. § 1927, and referred to the Appellate Commissioner pursuant to Ninth Circuit Rule 39-1.9 the determination of an appropriate amount of attorneys’ fees and costs. See Blixseth v. Yellowstone Mountain Club, LLC, 796 F.3d 1004, 1007–09 (9th Cir. 2015).1 We also ordered Blixseth and Flynn each to pay $500 in damages to the Clerk of Court as reimbursement for the costs incurred during this frivolous and bad-faith appeal. Id. at 1009. Blixseth and Flynn each have paid $500 to the Clerk, as required. (SEE ORDER FOR FULL TEXT) We deny Flynn’s motion and amended motion for reconsideration (Docket Entry Nos. 151, 152) of the Appellate Commissioner’s second amended order and amended orders (Docket Entry Nos. 148, 149, 150). The Appellate Commissioner’s second amended order and amended orders awarding attorneys’ fees and non-taxable costs remain in effect. Flynn’s requests in the motion and amended motion for reconsideration for recusal of this panel, appointment of a new panel, conversion of this matter to a criminal proceeding, transfer of the matter to the United States Attorney, and holding of the awards in abeyance are denied. Flynn’s suggestion for reconsideration en banc is rejected on behalf of the Court. See 9th Cir. Gen. Order 6.11. No further filings by Blixseth or Flynn will be entertained in this closed appeal unless specifically requested by further order of the court. [10399720]